Page | 1 City Council Meeting Minutes (August 3, 2023)
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL
UNOFFICIAL MEETING MINUTES
AUGUST 3, 2023
1. CALL TO ORDER
Mayor Jordan called the regular meeting to order at 6:02 p.m. in the Council Chambers, 311 Second Street, San Juan Bautista California.
PLEDGE OF ALLEGIANCE
ROLL CALL Present:
Mayor Pro Tem John Freeman
Councilmember Jackie Morris-Lopez (via teleconference)
Councilmember EJ Sabathia
Mayor Leslie Q. Jordan
Absent:
Councilmember Scott Freels
Staff Present:
Don Reynolds, City Manager
Robert Rathie, City Attorney
Brian Foucht, Assistant CM/Community Development Director Elizabeth Soto, Deputy City Clerk
2. PRESENTATION
A. July 4, 2023 Fireworks Compliance De-Briefing
Item was tabled to the August 15th meeting
3. CONSENT
A. Approve the Affidavit of Posting Agenda.
B. Waive the Reading of Ordinances and Resolutions on the Agenda Beyond the Title.
No public comment received.
MOTION:
Upon motion by Mayor Pro Tem Freeman, second by Councilmember Morris-Lopez, Consent Agenda, was approved.
AYES: Councilmembers: Freeman, Morris-Lopez, Sabathia, and Mayor Jordan; NOES: None; ABSENT: Councilmember Freels; ABSTAIN: None
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4. ACTION ITEMS
A. Approve the Project Budget and Awarding a Contract for City of San Juan Bautista Sanitary Sewer Force Main to Hollister Project and Related Actions.
City Manager Don Reynold and Paul Greenway provided the report.
The following members of the public commented on the report:
Michael Ponce
MOTION:
Upon motion by Councilmember Sabathia, second by Mayor Pro Tem Freeman, RESOLUTION Approving the Project Budget, and Awarding the Contract to Specialty Construction, Inc. for City of San Juan Bautista Sanitary Sewer Force Main to Hollister Project, “Project” in the Base Bid Amount of $18,632,399 less Deductive Bid Items of $2,113,650 less Contract Change Order $391,676 for a total amount of $16,127,073; 2) Authorize the City Manager to execute a Contract Change Order; and 3) Approve the Construction Contingency; and 4) Authorize the City Manager to amend existing Agreement with MNS Engineers, Inc. for inspection services; and 5) Authorize the City Manager to enter into agreement with Stantec Consulting Services, Inc. for resident engineering services approved.
AYES: Councilmembers: Freeman, Morris-Lopez, Sabathia, and Mayor Jordan; NOES: None; ABSENT: Councilmember Freels; ABSTAIN: None
B. Authorizing The City Manager to Sign and file a Financial Assistance Application for a Financing Agreement from the State Water Resources Control Board for the City’s Sanitary Sewer Force Main Project (“Project”).
City Manager Don Reynold provided the report and explained the resolution before them was to delegate authority to the City Manager to sign and file a financial assistance application for a financing agreement from the state Water Resources control board for the city's sanitary sewer Force main project.
No public comment received.
MOTION:
Upon by Mayor Pro Tem Freeman, second by Councilmember Sabathia, RESOLUTION designating the City Manager to sign and file application and related documents as required by the State Water Resources Control Board and allow the City access the $3 million State grant awarded in June 2022, was approved.
AYES: Councilmembers: Freeman, Morris-Lopez, Sabathia, and Mayor Jordan; NOES: None; ABSENT: Councilmember Freels; ABSTAIN: None
C. Accept First Annual Report of the Economic Development Citizen Advisory Committee (EDCAC) - a Standing Committee of the City Council for Business Improvement, Resiliency, and Overall Community Economic Development Page | 3 City Council Meeting Minutes (August 3, 2023)
City Manager Reynolds provided that the report and stated that this item was carried over from the July 18, 2023 City Council meeting. The report was presented to the Planning Commission at its meeting.
Mayor Pro Tem Freeman stated that he would like to see yearly updates and quarterly updates to the City Council from Staff or the Committee.
Mayor Jordan stated that she was in support of quarterly meetings and added that it would be beneficial to the community to have the EDCAC come before the Council to do a presentation of what they have accomplished and what they plan to do in the future.
Councilmember Morris-Lopez expressed concern with the group and further added that the Council should have more involvement. Councilmember Morris-Lopez further expressed concerns with the constituency of the membership.
Councilmember Morris-Lopez stated she was not in support of the report due to the language of the report stating the group is requiring an umbrella agency or group over other committees in town and asking them to report to them as to their finances and their activities.
No public comment received.
MOTION:
Upon by Mayor Pro Tem Freeman, second by Councilmember Sabathia, the report of the EDCAC and directed staff and the committee toward preparation of an economic development strategy for San Juan Bautista, was approved.
AYES: Councilmembers: Freeman, Sabathia, and Mayor Jordan; NOES: Councilmember Morris-Lopez; ABSENT: Councilmember Freels; ABSTAIN: None
5. DISCUSSION ITEMS
A. Revising Title 13 “Violations” by Repealing and Replacing Article 4 “Noticed Nuisance Abatement Procedure” and Article 5 “Emergency Nuisance Abatement Procedures” of Chapter 1 “Enforcement” by Adoption of an Ordinance Entitled “Alternative Public Nuisance Abatement Procedures.”
City Attorney Bob Rathie provided an overview of the current Ordinance.
No public comment received.
B. Revisiting Zoning Code Section 11-04-110 Regarding Regulation of Large-Scale Retail, Formula Retail, Formula Restaurant and Formula Visitor Accommodations Businesses.
City Attorney Bob Rathie provided a brief overview of the Zoning Ordinance relating to LargeScale Retail, formula retail, Formula restaurant and formula visitor accommodations businesses.
Mayor Pro Tem that another way to develop the town economically and added that the city needs another hotel, a pharmacy and a bank.
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Mayor Jordan stated that she would like to see the actual language on the proposed Ordinance.
No public comment received.
6. ADJOURNMENT
Motion to adjourned the meeting by Councilmember Sabathia, second by Mayor Pro Tem Freeman. All in favor.
There being no other business, Mayor Jordan adjourned the meeting at 7:11 p.m.
APPROVED:
_____________________
Leslie Q. Jordan, Mayor
ATTEST:
______________________________
Elizabeth Soto, Deputy City Clerk
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RESOLUTION NO. 2023-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA
PROCLAIMING THE TERMINATION OF TWO LOCAL EMERGENCIES RELATED
TO EXCESSIVE WINTER STORMS AFFECTING THE CITY OF SAN JUAN
BAUTISTA
WHEREAS, the California Emergency Services Act (Cal. Gov’t. Code §§8550-8668) requires the governing body of a city to review the need for continuing a local emergency that has previously been declared at least once every 60 days and to proclaim the termination of the local emergency at the earliest possible date that conditions warrant; and WHEREAS, on January 12, 2023, the City Manager acting as the Director of Emergency Services (Municipal Code 5-33-030) proclaimed a state of emergency in the City of San Juan Bautista to facilitate the City’s response to excessive winter storms, which proclamation was subsequently ratified by the City Council by Resolution No. 2023-01 on January 17, 2023; and WHEREAS, on March 10, 2023, the City Manager acting as the Director of Emergency Services (Municipal Code 5-33-030) proclaimed a second state of emergency in the City of San Juan Bautista due to excessive winter storms and flooding, which proclamation was subsequently ratified by the City Council by Resolution No. 2023-17 on March 15, 2023; and WHEREAS, this Council reviewed and adopted resolutions confirming the need for continuing the two local emergencies on March 21, 2023, May 16, 2023, June 13, 2023, and last on July 18, 2023; and
WHEREAS, state and local public health and safety emergencies resulting from excessive winter storm activities no longer pose a threat to the health and safety of residents in the City of San Juan Bautista.
NOW, THEREFORE, be it resolved by the City Council of the City of San Juan Bautista that the City Council hereby proclaims and declares that the two local emergencies declared by the City Manager, and subsequently ratified by the City Council by Resolutions 2023-01 and 2023-17 due to excessive winter storms and flooding, shall terminate as of 11:59 p.m. on August 15, 2023
PASSED AND APPROVED by the San Juan Bautista City Council on the 15th day of August, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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APPROVED:
____________________
Leslie Q. Jordan, Mayor
ATTEST:
____________________________
Elizabeth Soto, Deputy City Clerk
Item: 6.A
City Council Meeting
August 15, 2023
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: AUGUST 15, 2023
DEPARTMENT: CITY MANAGER
FROM: DON REYNOLDS
BY: DON REYNOLDS
TITLE: APPROVE THE NEGOTIATION OF AN AGREEMENT WITH
KENNEDY, ARCHER & GIFFEN, A PROFESSIONAL
CORPORATION, AND THE APPOINTMENT OF JON R. GIFFEN
AS CITY ATTORNEY
RECOMMENDED MOTION:
A motion is sought that approves the attached Resolution appointing Mr. Jon R. Giffen as the City Attorney, authorizes the City Manager to negotiate an agreement between the City and Kennedy, Archer & Giffen, (“KAG”), and bring that agreement back to the Council for ratification as soon as possible.
RECOMMENDATION:
It is recommended that the City Council consider the qualifications of KAG as provided in KAG’s proposal attached to this Resolution and appoint Jon R. Giffen from KAG as the new City Attorney, authorize the City Manager to negotiate a professional legal services agreement with KAG, and to bring the agreement back to the Council for ratification as soon as possible.
EXECUTIVE SUMMARY:
The City has been well represented by the Wellington Law Firm since 2006, and in May 2023, current City Attorney Robert W. Rathie submitted his resignation effective August 15, 2023. The City conducted a Request for Qualification process, appointed a City Council Ad Hoc Committee with Mayor Jordan and Councilmember Sabathia, and concluded interviewing the two firms that responded August 8, 2023. It is recommended that the City Council adopt the attached Resolution appointing Jon R. Giffen as the new City Attorney, authorize the City Manager to negotiate an agreement for legal services with KAG, and to bring the agreement back to the Council for ratification as soon possible.
BACKGROUND:
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In Article 2.2 of the Municipal Code, the duties and responsibilities of the City Manager are defined, and it is clear that the appointment or removal of City Clerk, Treasurer and City Attorney are the responsibility of the City Council not the City Manager. When the need arises, the City Council will take the responsibility of selecting the next City Attorney and that time has come.
The Wellington Law Firm has represented the City since 2006, between 2006 and 2015 the City was represented by George C. Thacher and between 2015 and 2022 by Deborah A. Mall. When she retired, the City Council adopted Resolution 2022-12 and appointed Robert W. Rathie from the same firm. Mr. Rathie announced his resignation as City Attorney on May 15, 2023, effective August 15, 2023.
June 30, 2023, the City published a notice inviting proposals from qualified law firms to represent the City. At the July 18, 2023 City Council meeting Mayor Jordan and Councilmember Sabathia were appointed to an ad-hoc selection committee. The RFQ closed July 28th, 2023. Two firms were interviewed; one on Friday August 4 and the other on Tuesday August 8, 2023.
DISCUSSION
The solicitation for City Attorney services resulted in qualified responses received from JRG Attorneys at Law and from KAG. The City Manager joined Councilmember Sabathia and Mayor Jordan in the interviews. A choice of 17 questions was shared between the Ad-Hoc Committee and the City Manager. These questions touched various priorities of the City as a whole, as well as the City administrative services. Growth and development questions were included as well as CEQA experience, Brown Act, Fair Political Practices (“FPPC”), and conflict of interest questions were also posed to each firm. Human resources and risk management inquiries were also included.
KAG was represented in the interview by attorneys Jon R. Giffen and Ryan C. Donlon, who are recommended to serve the City (respectively) as its City Attorney and Deputy City Attorney. KAG is a firm with six attorneys and has represented both private and public entities on the Central Coast collectively for more than 50-years. Their office is in Monterey. Mr. Giffen served as the acting City Attorney for Carmel-by-the-Sea in 2018 - 2019, and Mr. Donlon previously served as Deputy City Attorney for the City of Monterey for four years.
Mr. Giffen has worked with various public entities in the region for more than 30-years. He has a strong familiarity with historic small communities, knows how to work with the community to preserve its identity and its unique position in the world. Collectively, their team of attorneys are experts in the FPPC and ethics, land-use matters, personnel, Brown Act, and the Public Records Act.
In their attached proposal they are committed to dedicating “as many hours as needed” to serve the City and are open to holding regular office hours at City Hall. During the interview, Mr. Giffen and Mr. Donlon conveyed a humble approach. They did their homework, attending the last Council meeting by Zoom, and sought an example of the possible agreement the City uses before the proposal was due. They demonstrated a genuine dedicated approach to their work. Many of their replies were research-based. They did not assume to know all the answers. The Ad-Hoc Item: 6.A
City Council Meeting
August 15, 2023
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Committee was impressed by their effort and demeanor and believes these strengths will serve the City well.
Mr. Rathie’s last day with the City is August 15, 2023. The City needs act now and take action to replace its City Attorney as soon as possible. The attached Resolution recommends appointing Jon R. Giffen, immediately. At the same time the City Manager will negotiate a contract with KAG resembling the current agreement with the Wellington Law firm, and bring it back to the Council for ratification as soon as possible.
FISCAL IMPACT:
The Wellington Law firm charges a municipal rate of $220 per hour. The firm not being recommended was proposing $275 per hour. KAG is proposing $295.
ATTACHMENTS:
Proposed Resolution with the KAG Proposal
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RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA
APPROVING THE NEGOTIATION OF AN AGREEMENT WITH KENNEDY,
ARCHER & GIFFEN, A PROFESSIONAL CORPORATION AND THE
APPOINTMENT OF JON R. GIFFEN AS CITY ATTORNEY
WHEREAS, pursuant to written agreement, Wellington Law Offices has provided City Attorney services to City since September of 2006. Between 2006 and 2015 the City was represented by George C. Thacher and between 2015 and 2022 by Deborah A. Mall who was replaced when the City Council adopted Resolution 2022-12 appointing Robert W. Rathie as City Attorney, who on May 15, 2023 submitted his resignation effective on August 15, 2023; and WHEREAS, on June 30, 2023, a search for a new City Attorney began by publishing the solicitation notice and RFQ, with proposals due Friday July 28, 2023; and WHEREAS, the RFQ was shared with the Council and the community at the July 18, 2023 City Council meeting and at that meeting the City Council appointed Mayor Jordan and Councilmember Sabathia as an Ad Hoc Committee to interview the interested parties and recommend an appointment to the City Council at the August 15, 2023 City Council meeting; and WHEREAS, responsive proposals were received from two law firms, both based in Monterey County, and interviews of these two firms occurred Friday, August 4, and Tuesday, August 8, 2023; and
WHEREAS, references for both firms were checked and they validated the qualifications shared in the interviews; and
WHEREAS, the experience, background, expertise, and local familiarity of Kennedy, Archer & Giffen were judged by the Ad Hoc Committee to best suit the City’s needs; and WHEREAS, the information the Ad Hoc Committee considered is d provided in the attached KAG proposal, the staff report for this matter and can be summarized as follows: KAG is proposing the full-time services of Jon R. Giffen, the head of the litigation department at KAG, to serve as the City Attorney. Mr. Giffen has more than 30-years’ of experience, including as acting City Attorney for the City of Carmel-by-the-Sea, in-depth experience in land-use law representing the Fort Ord Reuse Authority, with Mr. Giffen as City Attorney being assisted by a Deputy City Attorney, Ryan C. Dolan who has 20-years’ of experience including as Deputy City Attorney for the City of Monterey; and
WHEREAS, the City Council has considered the facts as presented herein and agrees with the recommendation of the Ad Hoc Committee to retain the services of KAG and to be represented by Jon R. Giffen, as the City Attorney.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA HEREBY RESOLVES AS FOLLOWS:
SECTION 1. That the facts provided in above recitals are true and correct.
SECTION 2. That Jon R. Giffen, of the firm Kennedy, Archer & Giffen PC be appointed as the City Attorney.
SECTION 3. That an agreement with a term of three-years be negotiated between the City Manager and KAG and be ratified by the City Council as soon as possible.
PASSED AND APPROVED by the San Juan Bautista City Council at a regular meeting held on the 15th day of August, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_______________________
Leslie Q. Jordan, Mayor
ATTEST:
___________________________
Elizabeth Soto, Deputy City Clerk
Attachment:
KAG Proposal July 28, 2023